Kuwait Court of Cassation principle number 4521

Sale with a right of redemption. It is a sale in which the seller retains the right to recover the thing sold from the buyer in return for repayment of the price. The legislature adopted the practice followed before the promulgation of the Civil Code of considering the contract a loan secured by a possessory pledge and applying the provisions of possessory pledge to it without observing the procedures imposed by law to protect the seller. - The judgment's conclusion that the sale contract in dispute is a loan secured by a possessory pledge, considering the agreement therein for the appellant's acquisition of ownership of the property upon repayment of the price void, on sound grounds. No defect. - 890 - Ownership